HOCHMAN v. RAFFERTY

No. 86-5025.

831 F.2d 1199 (1987)

Richard W. HOCHMAN and Harvey George, Appellants, v. John J. RAFFERTY, State of New Jersey and Hudson County Prosecutor.

United States Court of Appeals, Third Circuit.

Decided October 16, 1987.


Attorney(s) appearing for the Case

Lawrence S. Lustberg (argued), Asst. Federal Public Defender, Newark, N.J., for appellants.

Jane F. Tong, Deputy Atty. Gen., Debra L. Stone (argued), Div. of Criminal Justice, Appellate Section, Trenton, N.J., for appellees.

Before HIGGINBOTHAM, MANSMANN and ROSENN, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, JR., Circuit Judge.

This appeal concerns a prosecutor's constitutional duty to present known exculpatory evidence to a grand jury. Because the prosecutor's conduct before the grand jury that indicted appellants did not breach the requirements of the due process clause, we will affirm the district court's denial of appellants' petition for a writ of habeas corpus.

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